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ROLLINGSONS EMPLOYERS PROTECTION PACKAGE
We are now able to offer to business clients, for a fixed retainer, the following global package:
- A complete "health check" on the existing Contracts of Employment of your employees, staff Handbook and other company literature with re-drafting as necessary, plus updating on an ongoing basis, as necessary
- Unlimited advice on all employment issues during the period of the Retainer
- Representation at the Employment Tribunal on any issues affecting any of your employees arising during the period of the Retainer
- Bi-monthly Newsletters
- An indemnity of up to £100,000 per case against compensation awards and costs awarded against the company following employment Tribunal proceedings
The Retainer can be paid on an instalment basis. The advantages of this Scheme to the Employer are:
- Certainty of outlay and better financial planning
- Payment by instalments will assist cash flow
- Effective management of Employment Law risks
- Reducing disputes and saving valuable management time
- Eliminating damaging publicity
- Peace of mind
- Better Employer/Employee relations
If you would like further information on this package or a quotation for your company please contact Geoff Keens or Andrew Haywood on 020 7405 4022 or email them on gkeens@rollingsons.co.uk or ahaywood@rollingsons.co.uk
A typical employee handbook would cover:
- Salary
- Hours of work
- Holiday entitlement
- Special leave arrangements
- Health and sickness
- Benefits
- Protection of the company's business
- Restrictive covenants
- Notice and other termination provisions
- Grievance and disciplinary procedures
- General employment policies
- Equal opportunities, harassment policies and career breaks
- Health and safety
- Training and development
- Employee representation
- Administrative procedures
- Email policy
- Public interest disclosure policy
- Termination of employment
EMPLOYMENT LAW NEWS
30/04/2007 The Right to Privacy at Work – monitoring personal communications
On 3 April 2007, the European Court of Human Rights handed down its Judgment in Copland v The United Kingdom. This case concerned a complaint by Ms Copland, a College Secretary from Wales, that the monitoring of her telephone, email and internet usage by her employers, Carmarthen County Council, violated her right to privacy. The European Court of Human Rights unanimously agreed and held that the secret monitoring of her personal communications for up to 18 months without her consent amounted to an interference with her right to respect for private life and correspondence under Article 8 of the European Convention of Human Rights. Ms Copland was awarded EUR £3,000.00 in respect of damages for stress and anxiety in the work place.
Ms Copland’s personal communications were tracked between 1998 and 1999, a time when there was no general right to privacy in English Law and it is also important to note that there was then no policy in force at the College regarding such monitoring. The implementation of the Human Rights Act on 2 October 2000 and the Regulation of Investigatory Powers Act 2000 (“RIPA”) now legally protect privacy rights in English Law. Under current domestic law, an employer cannot monitor the private communications of its employees without the consent of the employee or the other party to the communication except in limited circumstances. Such circumstances include where the employer has reason to suspect an act of gross misconduct, such as a crime being committed. Furthermore, under domestic law, employers are required to take reasonable steps to inform employees that their communications might be intercepted.
Are you an Employer?
Those employers that continue to spy on its staff are infringing their right to privacy and as such, are at risk of legal proceedings against it. Therefore, where employees have access to the internet, it is extremely important that the employer has a clear and consistently applied email and internet usage policy so that employees know exactly what private use, if any, they are allowed to make of the facility. Employers should adopt a similar policy with respect to private telephone calls. Employers should note that having a policy is not enough, it must be consistently applied. For example, in cases where the employer’s policy allowed employees to make “limited and reasonable” personal use of employees, dismissal for abuse of the email-system might be unfair because it is unclear what is meant by “limited and reasonable” and because different managers may apply the policy in different ways.
Are you an Employee?
As stated by James Welsch, Director of Liberty (the non-governmental civil rights organisation that represented Ms Copland): “Employees don’t leave their personal privacy at the front door when they come to work each day”. However, it is important that employees familiarise themselves with their employers’ email, internet and telephone policies and ensure that they do not abuse them. Breaches of email and internet policies may lead to disciplinary proceedings against an employee and depending on the level of abuse, may amount to gross misconduct resulting in summary dismissal.
For further information regarding any matters arising from this article, please either telephone Martin Chambers on 0207 405 4022 or email him on mchambers@rollingsons.co.uk.
23/02/2007 Restrictive Covenants in Employment Contracts
Before people start a new job they very often scrutinise the Contract of Employment that is being offered to them, however many people sign their contracts without fully understanding the "Restrictive Covenants" they are entering into. Likewise, many Employers insist upon including Restrictive Covenants in Contracts without being overly sure as to whether they are worth the paper they are written on.
What are Restrictive Covenants?
Restrictive Covenants are essentially written contractual terms which seek to protect an Employer''s "Legitimate Business Interests" after the termination of an Employee''s employment. The relevant "Legitimate Business Interests" are:
1. Confidential Information;
2. Customers and Suppliers;
3. Staff
To put this into context, an Employer can potentially protect themselves from an ex-employee misusing confidential information, stealing customers and suppliers or poaching their staff, if they have suitable restrictive covenants in their Employees'' Contracts of Employment. However, in order for a Restrictive Covenant to be valid and enforceable it has to be reasonable in terms of its scope. What is deemed to be reasonable will hinge on the nature of the Employer''s line of business and competition. For instance, it was held in a recent case that a Restrictive Covenant prohibiting a managing director of a firm of insurance brokers from competing with his former Employer for 12 months after the termination of his employment was NOT an unreasonable restraint of trade. However, that case was based on quite specific facts and each Restrictive Covenant needs to be judged in its own context.
Are you an Employer?
Employers should be wary of having the same Restrictive Covenants in every Contract, as a Restrictive Covenant that may be appropriate for a senior employee could be unreasonable for a more junior employee and therefore unenforceable. Many Employers use the same template for all their Contracts of Employment, but Restrictive Covenants are one area which need to be specifically tailored to each individual if they are going to be of any use to an Employer.
Are you an Employee?
Unfortunately, many Employees regret signing Contracts of Employment containing Restrictive Covenants when it comes to the time that they are looking for another job. Indeed, some Employees actually turn down ideal jobs because they are worried that they will be breaching Restrictive Covenants contained in their current Contract. However, many Employees may be worrying unduly as the Restrictive Covenants may not be enforceable at all. Therefore if an Employee wants a clearer picture about what new jobs they can legitimately apply for they should have their Contract of Employment scrutinised by an Employment Law specialist. Remember, that even though an Employee has read, signed and understood a Contract containing certain Restrictive Covenants, those Covenants may not actually be enforeceable by the Employer.
Rollingsons has a specialist Employment Department that undertakes work on behalf of both employers and employees. It also offers employers a tailored Employment Law Protection Package. For further information, please contact the firm by either telephone (0207 405 4022) or email ( info@rollingsons.co.uk).
22/01/2007 Age Discrimination
In October 2006, Lord Hunt highlighted the importance of the age discrimination law. In a report conducted by the Department of Work and Pensions, well over half of respondents reported that they had suffered age discrimination at work.
On the 1st October 2006, the newly implemented Employment Equality Age Regulations came into force. These Regulations are being used to prevent discrimination against workers because of their age.
The Regulations cover workers of all ages, and can have serious implications for those businesses that fail to recognise their duties.
Do you run a business?
It is always difficult for a business to keep abreast of new legal developments. Without knowledge of new responsibilities, an employer can leave itself open to legal action in the Employment Tribunal with resulting financial penalties.
Businesses will find that the Employment Equality Age Regulations will have serious implications in their recruitment processes, their training and promotion of staff and their organisation of retirement.
It makes good sense for an employer to ensure that its business is age-regulation friendly.
Running a business that complies with employment law can have benefits other than the obvious avoidance of legal action. A reputation for treating staff fairly attracts and motivates good staff to work hard and to be loyal. Pro-active approaches to the training and promotion of current staff can prevent the negative environment that occurs when discrimination is a problem.
Are you an employee?
As an employee, you might have recourse in the Employment Tribunal if you feel you are discriminated against because of your age.
You may believe that your company is treating you less favourably than other employees, particularly when hiring, promoting or dismissing you. You may also be protected if your employer is applying a practice that disadvantages you or if you feel you are being harassed or victimised at work. The Regulations can even cover references written by your employers after you have left work.
For older workers, the Regulations have instituted a default retirement age of 65, attempting to protect those who feel “pushed out” of their employment.
How Rollingsons can help
Rollingsons’ company protection package can help employers to draft their recruitment and retirement policies and advise on the best way to manage staff legally. The firm’s Employment Team can help employers to develop a more legal, age-regulation- friendly practice.
Rollingsons is equally dedicated to assisting those employees who feel aggrieved. Should an employee feel that they are being discriminated against, Rollingsons’ Employment Team can advise on the best way to proceed. It is vitally important to remember that complaints to Employment Tribunals must be made within 3 months of the date of the act complained of.
For further information regarding any matters arising from this article, please either email Martin Chambers at mchambers@rollingsons.co.uk or telephone him on 0207 405 4022.
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